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Kentucky Wrongful Death Questions & Answers
2 Answers | Asked in Car Accidents and Wrongful Death for Kentucky on
Q: If an at fault person is hit by oncoming car who could have missed him is there wrongful death?

The deceased lost control ended up in opposite lane oncoming car could have missed him but smashed him into ditch and tree and killed him

John Amos Whatley
John Amos Whatley
answered on Nov 8, 2024

Maybe. It depends on the state in which the wrongful death accident occurred. Kentucky uses a "pure comparative fault" system for automobile accidents and wrongful death cases, where each party involved is assigned a percentage of fault based on their contribution to the accident. In this... View More

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1 Answer | Asked in Consumer Law, Probate and Wrongful Death for Kentucky on
Q: I am the only blood child what are my rights

Being the only child can i stop the executor of my father’s estate until i can get an investigation on his death? His ex wife’s son is executor of his estate the police went out to check on his home for me and they was there emptying the home and he had not been in the ground 30 minutes. I was... View More

Timothy Denison
Timothy Denison
answered on Nov 5, 2023

You need to hire a lawyer, open probate, get appointed and then open your own investigation into his death. This could be time consuming and costly, however, with guarantee as to any results.

1 Answer | Asked in Family Law and Wrongful Death for Kentucky on
Q: My child was left home alone with a loaded gun and committed suicide. Can I sue his custodian for wrongful death?

I lost custody to my ex (who is not the father of the victim). He has a history of leaving his gun where it is easily accessable to the children. I have copies of emails that I sent him prior to the incident about how I was worried about the childrens safety. Leading up to his death , my depressed... View More

Timothy Denison
Timothy Denison
answered on Apr 28, 2023

You can certainly try, yes.

1 Answer | Asked in Medical Malpractice and Wrongful Death for Kentucky on
Q: How do I get an expert medical review done to start a medical malpractice case in KY.

I believe I have a medical malpractice suit but need to have a review done before I can move ahead however I'm not sure how to do so

Joel Gary Selik
Joel Gary Selik
answered on Apr 2, 2023

Hire an attorney. If you do not have an attorney hire and communicate with the expert, your communications may not be privileged.

There are many ways to find experts, including searching online, past case investigation, expert services, nursing consultants, etc

2 Answers | Asked in Car Accidents, Personal Injury and Wrongful Death for Kentucky on
Q: I had a motorcycle in my name and I junked the title , if anyone rides it am I liable

It still had plates on it

Timothy Denison
Timothy Denison
answered on Apr 20, 2020

No, not if you junked the title.

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1 Answer | Asked in Animal / Dog Law and Wrongful Death for Kentucky on
Q: I need help, is there a statute of limitation on my baby Ivy who died consuming deadly dog food after a year.
Timothy Denison
Timothy Denison
answered on Mar 31, 2020

Yes. It is either one or two years, depending on the exacts facts of how the dog died.

1 Answer | Asked in Medical Malpractice and Wrongful Death for Kentucky on
Q: Could I file medical malpractice

On 1-1-20 my dad fell and broke his neck, he was taken to uofl hospital in Louisville, KY. Drs and nurses were told my dad was allergic to dilauted pain medicine, it's also stated on paperwork from Shelby Co EMS. There's other things done inappropriately to my dad also. He passed away... View More

Peter N. Munsing
Peter N. Munsing
answered on Mar 30, 2020

You need to contact a member of the Ky. Trial Lawyers Assn in Louisville who handles malpractice. They give free consults. Without seeing the entire medical record they won't be able to tell you.

1 Answer | Asked in Civil Rights, Constitutional Law and Wrongful Death for Kentucky on
Q: Emt drivers failed to shut my gate to my house after leaving allowing my daughter to get out and get in my car and pass

They allowed my daughter out of my house and gate I use to keep her from leaving and out of danger since they left it open my daughter was able to get in my car and pass away from hyperthermia

Timothy Denison
Timothy Denison
answered on Dec 2, 2019

Substantially more facts are needed to make a determination regarding liability.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Domestic Violence and Wrongful Death for Kentucky on
Q: My friend is serving time in a KY correctional facility. What will happen to her if her trial is overturned?

My friend is serving time in a KY correctional facility. What will happen to her if her trial is overturned? Will she immediately be sent to county jail until her new trial takes place?

Timothy Denison
Timothy Denison
answered on Jul 3, 2019

If the trial is overturned, She will be held on a bond to be set by the judge when the case is returned to him by the appeals court. At that time, release relief may be sought from the trial court.

1 Answer | Asked in Wrongful Death for Kentucky on
Q: An old man, a friend, was recently beaten to death by meth users for his tiny social security check. What can I do get

Him justice. The police could care less and I know people getting away with murder. He was a homeless man, but unfortunately married a woman on drugs and still kept taking her money every month. Lives matter, this hurt bad, I need to do something but not sure what....

Peter N. Munsing
Peter N. Munsing
answered on Jan 8, 2019

All you can do is ask the police to investgate. Talk to a reporter.

1 Answer | Asked in Criminal Law, Domestic Violence and Wrongful Death for Kentucky on
Q: murder charge, now claims domestic violence,. before claims accident. premeditation is believed. can she plea bargain?

woman call police after believed premeditated murder. First she claims an accident. She claims self defense because of domestic violence. However she went the night before and got a gun from her father, had it at her house. She claimed he was trying to get in to her. However, the couple was... View More

Timothy Denison
Timothy Denison
answered on Apr 29, 2018

A criminal defendant can always plea bargain. Whether that happens or not is up to the individual commonwealth attorney handling the case.

1 Answer | Asked in Criminal Law, Civil Litigation and Wrongful Death for Kentucky on
Q: My brother was robbed an murdered an missing the man who killed him placed his body on his mom an dads farm.

I need to no if I can sue the mom an dad of a cival suit cause of them removing the bloodstained carpet were there son killed an shot my brother then made his body unidentifiable and removed all carpet in house an burned it an replaced it an then rented there house an I think they helped there son... View More

Peter N. Munsing
Peter N. Munsing
answered on Jun 9, 2017

It's up to the DA to prosecute. You can sue, but unless these folks have money that won't get you anywhere. You can't do more that agitate peacefully.

1 Answer | Asked in Personal Injury and Wrongful Death for Kentucky on
Q: Widow killed by drunk driver. Can the two children cut the brother & sister out of settlement ?

No other blood kin closer than two children and two siblings. A lawyer has been contacted by children. Unknown if siblings ARE or MUST be included under Ky. law. Only the sister lives in Tn.

Peter N. Munsing
Peter N. Munsing
answered on Mar 29, 2017

Usually if there are minor children sibs would not take, but it depends on the law in that state.The attorney for the kids would know. If you are one of the sibs contact a member of the ky trial lawyers assn-they give free consults.

2 Answers | Asked in Wrongful Death for Kentucky on
Q: Was I entitled to any of the estate of my minor daughter that passed away from her injuries due to the car accident.

Case Description

On August 12th 2012 I was involved in a single car accident. It was just myself and my daughter in the car. My 5 year old daughter was severely injured. She passed away 3 months later due to her injuries. I was covered thru progressive under my husband at the time. Shortly... View More

Brian Lehman
Brian Lehman
answered on Feb 15, 2017

You should contact a lawyer and go through the facts of this case. You listed Kentucky, which has a one-year statute of limitation in which to bring a personal injury lawsuit. Ky. Rev. Stat. § 413.140(1)(a). Based on these facts, claims that your daughter's estate may have had against the... View More

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1 Answer | Asked in Wrongful Death for Kentucky on
Q: Father died 15 years ago. There was a wrongful death claim. Am i able to sue for not getting my share?

It was settled out of court and my name wasn't mentioned, so I didn't get my share of the claim as his child. Am i able to get my share now, or is it too late?

Peter N. Munsing
Peter N. Munsing
answered on Jan 26, 2017

Your share should have been held in trust. You need to look at the court records. Also check unclaimed funds. I suggest you contact a member of the Ky. Justice Association --they give free consults.

1 Answer | Asked in Wrongful Death for Kentucky on
Q: I'm start a wrongful death suit first meeting next Thursday could sibling start a case before then

My mother passed and I'm starting a wrongful death suit I have my first meeting with lawyer next Thurs could a sibling go to another lawyer and start case before me. I have a sister who is not a good person and only looking for money where as I don't want my mother to die in vein

Peter N. Munsing
Peter N. Munsing
answered on Jan 13, 2017

Anything's possible but understand the person who files first doesn't "own" the case. Meet with the lawyer and discuss this.

1 Answer | Asked in Wrongful Death for Kentucky on
Q: Is wife of deceased sibling entitled to money from civil suit pertaining to deceased mother

Two siblings brought civil action against hospital ,due to wrongful death of mother. One sibling passes away ,is that deceased siblings wife entitled to proceeds from civil lawsuit? Settlement out of court was after sibling had been deceased for 11 months?

Adam Studnicki
Adam Studnicki
answered on Feb 16, 2016

Timing may make a difference. Talk to a local lawyer about the specifics ASAP.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is...
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2 Answers | Asked in Wrongful Death for Kentucky on
Q: who receives the money from a wrongful lawsuit
Adam Studnicki
Adam Studnicki
answered on Jan 13, 2016

Each state is different. In AZ, parents, spouses and children have potential claims. Check with a local injury lawyer for your state.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice,...
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